AAMIR @ SHAQEEL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS
BAIL/8416/2025 · 2025-09-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161694 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8416 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sunil Kumar Yadav, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 281 of 2025, under Sections 333, 74, 351(3) B.N.S. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station B.K.T., District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.07.2025 stating that the applicant entered the informant's house at about 11.45 a.m. on 20.07.2025 and tried to forcibly committed misdeed against his daughter. When the informant's daughter raised a hue and cry a neighbour came to save her whereupon the applicant ran away while leaving his motorcycle and mobile phone at the spot. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case and he has no previous criminal history. After the applicant was arrested in the present case he has been implicated in another case bearing Case Crime No.285 of 2025, under Sections 242, 333, 64(2)(M), 351(3), 74 B.N.S. Police Station B.K.T. District Lucknow. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and on the basis of instructions received by him he has submitted that the informant's daughter suffered an abrasion on right elbow and a contusion above right wrist joint. 6. In the statement of the victim recorded under Section 180 BNSS she stated that the applicant entered her house while she was bathing in the bathroom. The applicant tried to catch hold of her and push her down. Upon hearing her Versus Counsel for Applicant(s) : Sunil Kumar Yadav Counsel for Opposite Party(s) : G.A. Aamir @ Shaqeel .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)
cry a neighbour came there and saved her. The applicant had left his mobile phone and motorcycle at the victim's house. Similar statement has been given by the victim before the Magistrate also.
After investigation a charge sheet has been submitted on 27.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the injury report mentions two injuries suffered by the victim, there is no allegation to this effect in the F.I.R. or in the statement of the victim recorded by the Investigating Officer or by the Magistrate; that the applicant is a young man having no previous criminal history and he is languishing in jail since 22.07.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Aamir @ Shaqeel be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 9, 2025 Ram. BAIL No. 8416 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench